LEGAL APPROVAL
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH, FLORIDA
JUNE 13, 1996
made it known that when the money is available, we hope to be number one on this list,
since we have waited a long time for a high school. We also talked about the
expansion of Congress Middle School, magnet programs in our elementary schools,
improvements to our elementary schools, and cooperating with them to make these
things happen. We let them know that everyone in Boynton Beach is concerned about
schools, and Commissioner Bradley told them he was in favor of supporting the one
cent sales tax in order to get the money to catch up with the 30 new schools that are
needed.
II. ITEMS FOR DISCUSSION
A. Discussion of Financing Option for Boynton Beach High School
1. 237 Loan Program
a) Encumbrance
b) Actual Borrowing
City Manager Parker advised that the city has been talking about the issuance of city
revenue bonds. However, the School Board has other options which the Commission
might want to discuss with the School Board.
Bill Hukill, a former School Board employee, discussed the pros and cons of the 237
Loan Program. He distributed an excerpt of the General Education Facilities Report
that the School District is legally required to issue to all municipalities in the County on
October 1 st every year. He had highlighted certain portions of this document. On page
1 of the School District's Summary of the FY96 Five Year Capital Outlay Plan), he
pointed out that there are no figures plugged into the columns f<?r the 237 Loan
Authorization as there has been in past years, He explained that before the School
Board builds a project, they have to identify the funding source, They do not have to
actually have the money, but they have to encumber the money as opposed to
collecting the money. One of the ways you and I would do that if we were going to
construct or buy a house is get a commitment from a bank that they would loan us
$50,000 or $100,000. With that commitment, we would not actually have that money
and we would not be able to spend it, but we could enter into a contract to build or buy
that house. The 237 Loan Authorization is a bridge loan, It is a procedure set up and
funded by the State in the amount of about $200 million or $300 million state-wide
utilized by this district and many others as a bridge loan, an encumbrance authorization.
"
.f
....,;"
MINUTES
CITY COMMISSIO~ WORKSHOP
BOYNTON BEACH, FLORIDA
JUNE 13, 1996
For example, if it costs $30 million for a high school, but they cannot identify any of the
funding sources that are going to be discussed this evening, and they do not have the
dollars in the bank, then they simply authorize a 237 Loan and enter into an agree91ent
with the State. The loan is authorized, which means they can come back tomorro~ or
next month or next year, within the time frames of that legislation, and actually borrow
that money. You could enter $30 million for the Boynton Beach High School in the,:,
FY97 column. It would be a bridge loan, and you could proceed with the construction of
the school or the arrangement of the actual specific funds, the ones that are going to be
discussed this evening (the revenue bonds, general obligation bonds, or other source of
income), Whatever it is, the loan authorization encumbers that loan to the extent that
you then can actually enter into the construction, The theory is that a $30 million high
school, cash flow, is going to extend out over years, It will extend out over at least two,
normally three, and sometimes four separate budget years, so you do not need the $30
million in cash when you award the contract. The loan authorization then allows you to
make use of your cash flow,
The Carryover Fund Balance shown on page 1 represents encumbered funds that are
not spent as of that particular day. That would be the money that you would have to
distribute, In the previous budget, the Carryover Fund Balance shown on page 1, in the
amount of $259 million, was assigned to a project. That is where the cash flow comes
from, Page 1 also shows a variety of interest income, That is because they oftentimes
encumber funds that they collect but do not payout. They collect it but they pay it out
over time, They reinvest it, collect interest on it, and can use that interest. There are
some complications with that if you get too much interest, but essentially that is what
the 237 Loan Authorization is,
On page 2, $73 million is entered for new high schools in the FY97 column, which is for
the Boynton Beach High School. We need to get the encumbrance and keep it there
for our high school. .
The next couple of pages lists all the schools that have been built since about 1983, All
the elementary schools were started. The yellow line represents the delineation
between when Mr, Mills left and Dr, Uhlhorn came in, which, theoretically, would have
been the end of the bond issue. After that, only two elementary schools were not
started. One of them was Egret Lake, They had a problem with that site, but they
already had that site, The other one was "M", which you will not find anywhere, They
reassigned that. It became Seminole Manor, and that was the last of the elementary
schools in that bond issue. ' At the top of the sheet you will see that all the middle
schools in that bond issue were built. In fact, all of them were built before 1990, You
3
MINUTES
CITY COMMISSIO~ WORKSHOP
BOYNTON BEACH, FLORIDA
JUNE 13, 1996
will find that the SEe facility was built and all the high schools were built, except for
"EEE", It appeared that the funding for "EEE" had been switched over to Royal Palm
Beach.
Page 7 identifies the cost of the Boynton High School and the West Boynton High
School. They show it as a future funding need for this year (FY 97). Page 8 is statistical
information which demonstrates why you need the capacity. If you look at the bottom
half of that you will see that Atlantic High School is above capacity by almost 600
students. Lake Worth is above capacity by 2,000 students, and Santaluces is above
capacity by 400 students. Those are the student stations that would be built at the new
location.
Beyond the 237 Loan Authorization, you have a bunch of options of where to get the
money, and so does the School District. The rest of the presentation covered the
School District's options, Mr. Hukill stated that they may have other options that we.
have not thought about.
Mayor Taylor referred to page 2, the $73,000,000 in FY 97 for new high schools,
Mr. Hukill explained that the FY97 was what they were proposing in 1996 to do a year
out. They do not budget a year ahead, They only budget one year at a time. They
were simply saying that if you want to look at a long range plan, this is our long range
plan,
Mayor Taylor referred to the Carryover Fund Balance of $259 million and asked if that is
money that they have encumbered. Mr. Hukill advised that it is encumbered funds and
it is unspent.
Commissioner Bradley said there has been some discussion by School Board members
and staff members that the 237 Loan is not a viable option. He' read ,the following from
a document: "Section 237 Loan can be used to start or fund additional appropriations
with alternative funding to be found at a later date or by actually borrowing under the
provision of this statute. The amount of any actual borrowing is limited to 25 percent of
the prior year's ad valorem taxes for operating purposes. The amount borrowed, plus
interest, must be repaid over a period not exceeding five years, Loans authorized
under this statute are intended to provide bridge financing until cash resources are
available from normal recurring revenues or other alternative financing."
Mr. Hukill said that is the actual loan; that is not the authorization. He referred to the
construction bid award column on the list of elementary schools and pointed out that no
4
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH. FLORIDA
JUNE 13. 1996
dates have been entered in that column for several years after 1990. One way to
account for that is that they did not exercise the option of using that 237 Loan
Authorization. It is a way of making use of the fact that you do not have to tie all your
money up for a project when you ente'r it if you could demonstrate the cash flow is going
to be there when you need the money. He believed that gap in there is partially due to
the fact that the decision was made to stop using the 237 Loan Authorization,
City Manager Parker suggested that because of his knowledge and credibility as an
expert witness, the former Associate Superintendent for Finance, Dr. Boekhoff, be
asked to attend the joint meeting with the School Board to explain the 237 Loan
Program if the Commission chooses this option. Mr. Hukill advised that Dr. Boekhoff is
probably the recognized expert in Florida educational wise.
City Manager Parker also pointed out that this is a way to begin a project without
actually having dollars in the bank, and sometimes this makes finance people very
nervous. Therefore, sometimes it is not so much knowledge as it is a philosophicai
difference, It depends on how much you want to move forward without having actual
cash to back you up, and how comfortable you are knowing your cash flow, the
economic projections, and the millage rate projections, We have gone through a series
of economic cycles in Palm Beach County, The School Board millage is based on
assessed value just as the city millage, although they have many other sources of
revenue that we do not. It is more of a comfort level and an approach as opposed to
just pure knowledge, This would get the school going without any city participation
whatsoever at that point.
Commissioner Titcomb asked whose responsibility it would be to find a funding course
if this option is chosen. City Manager Parker advised him that it would be the School
Board's responsibility.
2. COPS
City Manager Parker advised that this has been the methodology that the School Board
has used in the past few years to fund construction projects. She asked Mark
Raymond to give a brief overview of the COPS Program,
Mr. Raymond stated that the School Board basically only has two ways of obtaining
long term financing. One of the methods would be through the issuance of general
obligation bonds and the other method would be through the COPS Program, He
explained why COPS were developed. The Florida Constitution provides for all
5
MINUTES
CITY COMMISSION \\'ORKSHOP
BOYNTON BEACH. FLORIDA
JUNE 13. 1996
governmental units within a state that if you want to borrow money and repay it over a
term of more than one year, you can only use your ad valorem tax revenues to do that
after the borrowing is approved by referendum. So when we talk about a general
obligation bond with the School Board, we are talking about a bond that would. be
payable from ad valorem taxes, and it could only be issued if it has a term of more than
a year if there is a reference,
Ad valorem taxes are the School Board's one significant sources of revenue and
anytime it wants to borrow money for a term of more than one year, it is going to need
to have a referendum, Therefore, people thought of a way of getting around that
requirement, which was basically a play on the one year term limitation,
He illustrated how COPS work. The School Board creates a corporation (the School
Board Leasing Corporation). The School Board wants the corporation to build a school
and they will lease it from the corporation for one year. You could use ad valorem tax
dollars to pay for it without having to have a referendum because you are within the one
year requirement. The lease would be renewable every year for the next 20 or 30
years, as long as the School Board wants to continue renewing it. However, the School
Board does not have to renew it any particular year,
Mr. Raymond explained where the corporation gets the money to build the school.
Investors loan the corporation enough money to build the school. When the
corporation gets the rent payments from the School Board, they will pay the investors
back. However, the investors have to realize that the School Board only has to pay the
corporation one year at a time and if they decide not to pay the corporation, the
corporation does not have any revenue source to pay the investors back, The
corporation will still own the school and might be able to find someone else to rent it,
but probably not. The piece of paper that the investor buys when it makes this loan is
called a Certificate of Participation (COP). It is called a Certificate of Participation
because it entitles the investor to participate in the stream of rent payments that the
School Board makes to the corporation.
Mayor Taylor asked who the corporation is, Mr. Raymond said it is called the Palm
Beach County School Board Leasing Corporation. He did not know if the members of
the Board of Directors are members of the School Board or private citizens, Typically,
there is an affiliation between the two.
Anne Centi, Vice Chair of the Education Advisory Board, asked how much interest the
corporation pays to the investor. Mr. Raymond explained that this is a function of
6
MINUTES
CITY COMMISSION \VORKSHOP
BOYNTON BEACH. FLORIDA
JUNE 13, 1996
the market. The interest rate that is borne by the loan would be comparable to the
interest rate borne by taxes and bonds, although it would be a little higher, When the
City of Boynton Beach issues bonds, it has to pay the investors back in the next 20
years. Therefore, the interest rate is lower because there is less risk.
Mayor Taylor pointed out that the School Board said they were not going to do any
more COPS.
3. City Revenue Bonds
Mr, Conitz distributed a handout (attached) and stated that the city has several revenue
streams. If the city were to choose to partake in a particular project, the city can
finance it using tax exempt bonds. The city has several revenue streams that they can
use to do that. For instance. if the city chose to make expansions to its water and
sewer system, it could do that. In fact, the city currently has outstanding water and
sewer system bonds, The revenue stream to pay back those bonds would be water
and sewer system revenues. If the city were to choose to do another particular type of
project that is not related to a specific enterprise fund or a water and sewer fund, the
city could issue general obligation bonds and ask the voters if they would pay an
increased ad valorem tax to bond it. They would issue the bonds in the amount needed
to build the project and the ad valorem taxes would increase by a level to pay the debt
service on the bonds. This is one new revenue source that the city or the School Board
or any entity could have. The project that they build would not be a burden on the
current budget. It would be a brand new revenue source, For obvious reasons, very
few bonds are issued with the general obligation mechanism,
Another mechanism would be for the city to take one of its existing revenues, in
addition to ad valorem taxes. build the project, and use some of the general funds from
the city to pay the bonds back. However, generally, you can only issue a portion of that
revenue, In this case, assuming a 1.25 coverage factor, which is generally the
minimum an investor would accept, over 20 years, you could issue about $30 million in
bonds, backed by half cent sales tax revenues, The same theory is used to generate
all of the other revenue debt capacity numbers listed on the handout. You generally
take the amount of money that you get and apply some coverage factor to it so that you
have a cushion in case those revenues are not what you need them to be. That is what
the market would accept and allOW you to issue bonds on a particular level. The city
currently has one bond issue outstanding and it is backed by the public service taxes.
Therefore, the available bonding capacity is somewhat less because you already have
some of your capacity utilized. If you did not have any bonds, the capacity for the
7
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH. FLORIDA
JUNE 13, 1996
public service tax would be $38 million. You have about $19,000,000 outstanding, so
you have another $19.000,000 available to you, That is one option. Let's say you
chose to build a high school. You could utilize one of your revenues, a non ad valorem
revenue, generate those funds. and build a high school. Obviously, it is not your job to
build schools, It is the School Board's job to build schools and pay for those schools
because everybody pays ad valorem taxes to the School Board for that purpose. A
rather innovative approach that has been talked about is that the city could issue its
own bonds backed by anyone or a combination to pay the cost of the high school and
could sign an agreement entrusting the School Board with the money to build a high
school. At that point. in order to be paid and not be out-of-pocket, you could enter into
a lease purchase agreement with the School Board, This lease purchase agreement is
very similar to the agreement Mr. Raymond spoke about earlier in the meeting,
However, instead of the corporation, the City of Boynton Beach would enter into an
agreement whereby the School Board would not pay the city rent each year equal to the
debt service that you are paying to the investor. You issue bonds, give the money to
the School Board to build a high school, and pay the investors. The School Board pays
you rent each year equal to the debt service that you are going to have to pay the
investors. Just as in the COP issue, the agreement that you would enter into has to be
the same as with the COP whereby the School Board has the ability to terminate the
lease and walk away every single year,
Mr. Conitz explained why any investor would look to buy that particular structure, For
all practical purposes, the School Board cannot afford to walk away from a high school.
That is the analysis that is done on every single COP issue, It is called essentiality
(how essential the projects are). Even though you have a legal right to walk away, for
all practical purposes, you could never walk away. If there is any doubt that these
projects are not essential and you could walk away, those kinds of projects do not get
financed with COPS because an investor will not take it. The investor in every case is
very unlikely to ever come up short if the School Board were to walk away. The insurer
will make those payments to the investors,
Commissioner Tillman asked if this bond will reduce the city's bonding capacity,
Mr, Conitz answered affirmatively. Commissioner Tillman asked if the debt service on
those bonds would appear on residents' tax bill under the city or under the Pajm Beach
County School District. Mr, Conitz advised that the debt service on this bond would not
appear on anyone's tax bill. It would be a budget item from the city. Every year the
budget item would indicate "x" amount of dollars for debt service on the bond issue,
There would be a corresponding revenue on the other side of the ledger that states
"lease payment from the School Board", and the two would offset each other.
s
MINUTES
CITY COMMISSION \\"ORKSHOP
BOYNTON BEACH. FLORID.-\.
JUNE 13, 1996
Commissioner Tillman asked if the city would be responsible in the event that the
School Board does not continue to participate, Mr, Conitz answered affirmatively.
Mr. Conitz said the School Board currently has three COPS issues outstanding. In
1994 the School Board issued approximately $62 million worth of certificates. In 1995,
they issued about $132 million. and just last month they issued about $33 million. So
right now, the School Board has about $225 million worth of COPS outstanding. The
annual lease payment of those certificates is approximately $17,5 to $18 million. He
assumed that there are 10 to 15 schools tied up in that lease.
In order to make the certificates more saleable to an investor, the mechanism that the
investor community has to come up with to help insure that there really can be no
opportunity for anyone to walk away is called a master lease concept. More
appropriately, an "all or none appropriation". The master lease concept basically says
that everything is under the same lease. Therefore, if the School Board were to walk
away from their COPS obligations, the School Board cannot pick and chose which
schools not to pay for. Even if the School Board does not like two or three schools, it is
not going to walk away from 15 schools that it needs to get out of the debt service on
two or three schools. This element is very well perceived by the investment community,
the rating agencies, and the municipal bond insurers as a very secure structure, You
would not be considered part of the master lease, but we believe that there could be an
arrangement that your separate lease would be under the "all or none appropriation"
concept. City Manager Parker said that is incorrect. She tried to do this and the School
Board Attorney said they would not do that because each indenture agreement would
have to be changed,
With regard to the interest rate ona COP, Mr. Conitz stated that if the city were to build
a new city hall and issue half cent sales tax bonds to do that, they would pay a series of
interest rates on their debt that would result in an average interest rate of "x", Because
of the ability of the School Board to walk away, and other features of a COP that are
somewhat undesirable to an investor, there is generally a small interest rate penalty
associated with a COP. The interest rate differential can be somewhere between five
and ten basis points. A base point is one-tenth of 1 percent. Therefore, if the city
bonds had an average interest rate of 5.75, the Palm Beach School Board might have
an average interest rate of 5.80. It is not a huge interest rate differential. COPS are
mostly accepted by the market and are all insured. Under the right circumstances, he
believed there would be a situation where the city would pay a slightly lower interest
rate than the School Board because of features inherent in a COP issue, However,
certain 1hings which the city might want in the transaction may eat away at the interest
9
10
MINUTES
CITY COMMISSIO~ \\'ORKSHOP
BOYNTON BEACH. FLORIDA
JUNE 13, 1996
rate differential. But. in general, the city is going to pay slightly less than the School
Board.
Mr, Conitz' handout showed a 20 year amortization average debt service on.a $40
million bond issue. Over 20 years, the average annual debt service on a city bond
issue would be approximately $3,400,000. Over the life of the issue, that is about $68
million (about $28 million of interest over 20 years),
There is another alternative, The School Board may be unwilling to start making lease
payments on a facility if the facility is not done for two years, What would need to be
done is to capitalize that interest and issue enough bonds so that the interest coming
due in the first two years is not payable by anyone. It is in the bond issue, If you were
to do that and payments begin in 1999, you would have the sam~ 20 year payments.
They would just start two years later, The difference would be that the payments would
be about $3,850,000 per year, or $77 million over the life of the issue. Starting your,
payments in two years costs about $9 million over the life of the issue.
Mr. Conitz advised that on a $40 million issue, in today's dollars, five basis points
interest rate savings would save about $165,000. If the difference was ten basis points,
that would increase to about $329,000. Because of the larger numbers involved when
you capitalize interest, that same five basis point differential would equal $255,000 and
ten basis points would equal a little over $500,000,
Ms. Centi asked if these bonds are callable. Mr, Conitz stated that the call provisions
that we would anticipate in this scenario would be an optional call provision of 10 years
at one or two standard call provisions. This is a straight bond issue. If you were to do
customize things, such as if the School Board were to do a GO bond issue, they would
have to call the bonds in early, Ms, Centi asked if they are insured. Mr, Conitz
answered affirmatively. .
Commissioner Bradley asked if the basis points depend on the market. Mr. Conitz
answered affirmatively,
With regard to the revenue matrix for the city, City Manager Parker advised that we
currently utilize all of these sources of revenue, with the exception of the water and
sewer system, the local option gas tax, and the recreation user fees, which have their
own separate funds. All the other items, along with property taxes, are sources of
10
MINUTES
CITY COMMISSIO'l WORKSHOP
BOYNTON BEACH. FLORIDA
Jt:NE 13. 1996
funds for our general fund, Therefore, if in anyone year the School Board did not pay
us, we would not have the money in the general fund to make that $4 million payment.
At this point, the only source of money we have is to borrow it out of the utilities system.
City Manager Parker also advised that Mr. Raymond and she specifically went over the
issue of "all or none" because we felt it was a critical issue in relationship to this bond
issue and would have given the city a lot more protection, However, the School Board's
bond counsel told us that this could not be done, and Mr. Raymond has reviewed
everything and has agreed with that. Therefore, we would be going into this as a stand-
alone school.
As you have seen from the capacity numbers, the School Board would still be over
capacity once the high school is built. Therefore, we have to think about the likelihood
of where the School Board is going to put those students if they do not utilize our
school. We also have to think about whether or not the School Board would ever walk
away from that high school.
The School Board is trying to get a funding mechanism in place to finance the $800
million in back projects that they have, One of the things that we have talked to their
staff about is structuring in this agreement that once the major funding source is
approved or identified, the School Board would defease these bonds and the city would
no longer have this debt, thereby freeing up the rest of our debt capacity and taking us
off the hook for this debt service payment.
Commissioner Bradley stated that the "all or none" concept would be optimal.
However, if the School Board is going to walk away from COPS, it is not necessarily
going to walk away from us first. And if they are going to walk away, it is probably
because of the whole system.
Mr. Raymond pointed out that if the city promises to pay back the investors no matter
what, and the School Board decides not to fund the annual lease, the investors are
going to get their money. The city will be the only entity that is hurt,
.
Commissioner Bradley asked how the insurance plays a part in that. Mr. Raymond said
if the School Board does not appropriate and there is no money to pay the investors,
the insurance company pays the investors and acquires whatever right the investors
may have had, which is basically the right to own the school and find somebody to rent
it. However, this creates a problem the next time the School Board wants to borrow
11
I~
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH. FLORID.-\
J(;~E 13, 1996
Commissioner Titcomb asked if we are already on that priority list. City Manager Parker
advised that we are on the priority list for the sales tax. Commissioner Titcomb asked
about the special millage revenue bonds that Mr. Hukill was talking about. Mr. Hukill
said it is hard to say. The way he reads their FY96 budget is that both Boynton Beach
high schools are a high priority, However, they are unfunded at the moment, and that is
what we are trying to get over. We do not care whether it is funded or not. We want it
to be encumbered. The 237 Loan was suggested to encumber that loan and then
come up with these other options to actually pay the bills.
City Manager Parker pointed out that the high school cost the same as three
elementary schools, So if they want to put us in, they would have to cut three
elementary schools. or two junior high schools.
6. General Obligation Bond (1986 Bond Issue)
This item was discussed earlier in the meeting.
7. Date, Time and Location of the Joint Workshop between the
City Commission and School Board
Virginia Farace, the Library Director, advised that the School Board offered to hold the
joint meeting on Monday, July 1 st from 4:00 p.m, to 6:00 p,m, Some of the members of
the School Board and the Superintendent have appointments at 6:00 p.m, and 6:30
p.m, that evening. The City Commission had no objection to holding the meeting at the
School Board site in West Palm Beach.
B. Discussion and Questions by City Commissioners and General
Public
Mayor Taylor asked if the School Board would still have to find the money to fund the
school if we convince them on the 237 Loan Program. Mr. Hukill said they either have
to do out a cash flow, re-identify funds, or come up with one of the strategies that have
been discussed tonight. City Manager Parker advised that they could start construction
and are ready for bids on the schools,
Mayor Taylor was in favor of trying for the 237 Loan Program first.
1..+
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH, FLORIDA
JUNE 13,1996
In response to Commissioner Titcomb's question about the track record of the 237
Loan Program in similar situations, Mr. Hukill stated that there is a record right here in
the county; however, they never got to the point where they had to actually implement a
loan against that. However, they used the authorization all the way through the
meetings.
Commissioner Bradley asked if the authorization acts as a bridge for a year or two until
a funding source is identified. Mr, Hukill said it allows them to go into their cash flow.
There is a delay in payment to the contractors. For example, the first day you award
the contract on a $30 million job you do not have to have the $30 million, On paper you
do have to have it. You have to have it encumbered, but you do not actually pay it out
that day, You do not pay much out for the first three or four months, So it allows you,
over a large series of projects, to have a great deal of cash to maneuver. It simply
enables you to start projects ahead of the actual fund identifications,
Commissioner Bradley felt we should push for the 237 Loan. He said it places the'
responsibility where it should be, but he felt that at some point we should also talk again
about collaborative effort and how we are interested in working towards a funding
source.
Commissioner Tillman was in favor of the 237 Loan, and COPS, as an alternative, He
pointed out the School Board's responsibility, and he was not in favor of giving into
them every time they say they cannot do something. City Manager Parker asked him
how he felt about incentives for the project, Commissioner Tillman did not have any
problem with incentives, However, he did not want to tie up $3 million a year.
Commissioner Bradley stated that if we could get five basis points, the revenue bonds
would be a sweetener. He said some members of the School Board are looking for the
city to come to the table, and collaborative effort means cash in'their minds. Toward
the end of the meeting with the School Board, he suggested discussing the revenue
bond issue and how that would save them $180,000 or $350,000, and other possible
ways to sweeten the deal.
.
Commissioner Titcomb agreed that the School Board has an obligation to us because
of the chain of events of the last bond issue and how the city got shortchanged, He
was in favor of the 237 Loan approach and the COPS program as a secondary source,
He said it seems other communities have moved forward and nabbed up the schools
out from under us.
15
MINUTES
CITY COMMISSIO~ WORKSHOP
BOYNTON BEACH. FLORID,-\
JUNE 13, 1996
Mayor Taylor had a problem with more incentives than just going there and trying to
work this out. He would like to know what incentives other cities have given them, He
pointed out that it is their job to build the school. We have paid our school taxes and
they have not done it. We have waited 10 ten years for this school. They owe us. and
we should not have to beg tnem and give them whatever they need, He would push for
the 237 Loan and if they do not want to go with that. he suggested waiting to see if the
sales tax is going to be put on the November ballot. He felt it will pass and if it does, he
saw no reason why we would not be one of the first schools to be built. He thinks we
should let the School Board bring the matter of a revenue source up first. He did not
fear that they would ever not make that payment.
Mr, Hukill said if they vote in November for a sales tax increase and it is successful, you
still do not have the revenU9. Therefore, in order to expedite the school, you still need
the bridge loan or some other strategy. Whatever the revenue source is. this gets you
to whenever that is available. That's the purpose of the 237 Loan.
Commissioner Bradley agreed with City Manager Parker's suggestion to have
Dr, Boekhoff at the joint meeting, and he felt we should contact the School Board
members to count the votes.
City Manager Parker suggested having Mr, Raymond and Mr, Conitz available at that
meeting if the Commission wants to push the 237 Loan hard. Mr. Hukill felt the issue of
a 237 Loan will come up at that meeting, and that we should be prepared to discuss it.
Mr. Raymond inquired about the sales tax issue that the city raised with the School
Board. City Manager Parker advised him that Palm Beach County utilized a
methodology to exempt portions of their construction project with sales tax, They
decided to move forward on that on their own with their own staff, and utilize it county~
wide, not just on this particular school. .
City Manager Parker explained that school boards, cities, counties, etc" are exempt
from sales taxes on purchases or construction items purchased by the public entity, In
the case of a $40 million school or a $10 million city hall, it can be a considerable dollar
value. However. the Department of Revenue does not allow that sales tax exemption if
the purchase is made by the contractor or subcontractor. The purchase has to be
made by the nonprofit public entity, It is a paperwork nightmare to try to work out some
alternatives on how to purchase your large ticket items. Therefore. we suggested a
methodology that had beer used by Palm Beach County, some other counties, and
other school districts in the State where you can go through your contract documents
[6
CITY OF BOYNTON BEACH
ATTEST:
~~~/
Cit Clerk
-
ommissioner ---.
\ \'I
~ '~..-:,"
. .-.P .....
r...-- .;-- .....
r.nr't1 ~i~<:, i,.,,,,,,r
MINUTES
CITY COMMISSIO:\ WORKSHOP
BOYNTON BEACH. FLORIDA
JUNE l3. 1996
money because they know that someone. whether it is the investors or the insurance
company, is going to be hurt very badly, Tris creates a very strong reason for the
School Board not to nonappropriate, in addition to the essentiality that Mr. Conitz talked
about. However, Mr, Raymond was concerned that this might not hurt their ability to do
a COP the next day.
City Manager Parker pointed out that the school children who are going to that school,
their parents, and all the people associated with that school will also get hurt.
City Manager Parker pointed out that both the city and the School Board usually utilize
the MBIA insurance company. Therefore, everyonewould know if the School Board did
not payor was contemplating not paying.
Mr. Hukill asked Mr, Conitz if he contemplated reinvestment of the funds, Mr. Conitz
said he did not. Mr. Hukill pointed out that if there are no payments made for the first
year, there would not be payments made to the contractors either. That is a cash flow,
so you would not be spending very much of the $40 million the first year. He stated that
the figure that the school Board gave us is between $28 million and $30 million, Those
combinations of numbers (the reinvestment of the funds) would make the $77 million
total debt service unrealistic. It probably would be closer to $50 million.
4. Special Millage - Budget Allocation
Mr, Hukill advised that all the schools in Florida are authorized to annually float up to
two mills of revenue for capital expenditures and the local school board has done that.
Looking at page 1 of his handout, he assumed that the $104 million shown in FY96 was
two mills, meaning that in that year, one mill raised that $52 million. It also appears that
as they go across the table, they have added 3 percent a year because of the rollback
in taxes. That probably is a conservative figure because it does not contemplate
additions to the tax rolls. So over the five years, there is $550 million available,
assuming that every year the School Board levies that two mills that is available to retire
any of these other kinds of funding that we have to pay for schools. Therefore, they
have that baseline amount of money as long as they vote that millage. It is not their
only source of income, but it is their biggest source of capital income. They could, for
example, dedicate $30 million out or the special millage, However, they would not do
that. They would use cash out of there but they would not dedicate the $30 million out
of there.
12
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Commissioner Titcomb asked if it would be the job of that particular committee to
implement or recommend implementation of individual components within the visions
document. Mayor Taylor said their function will be to look at the vast majority of
recommendations, rationalize them into some sort of direction, and make their
recommendations to the Commission, They may even want to recommend funding
sources, Commissioner Titcomb said the timeliness of all that is crucial because as we go
into budget processing, if they do not make this next cycle, they will be put off another year.
If there is anything we can do to expedite that process, he felt it would be prudent to do so.
~IJJ
1. Boynton Beach High School ' ~ S . Y;:
~)\X
Commissioner Bradley advised that he had been entering into preliminary discussions and n.f./ \ J
information gathering sessions with some of the people from the School Board and our ~ / v
own legal group to figure out if alternative funding was feasible. X
B. Item for discussion requested by Commissioner Matt Bradley
At the School Board meeting on June 5th, at 5:30 p.m., there will be a community rally and
he hoped everybody will attend, He is in the midst of putting some scripts together so each
City Commissioner can briefly talk about the important topics, namely, the high school and
Congress Middle School, which is an important component to the feeder school concept.
After that meeting, at the end of June, he would like to have a joint workshop with the
School Board to hammer out ideas about alternative funding sources and the critical issue
of sweeteners, He stated that this is something that the School Board continues to bring
up. Even though we would bring a funding mechanism to the table that they could benefit
from, either because it would have a slightly reduced interest rate attached to it or because
of the collaborative nature of us using a revenue bond, we believe that those are reasons
that the School Board would get behind this kind of idea. Commissioner Bradley said
these topics need to be hammered out in the sunshine with the School Board, We all need
to be there, put our cards on the table, and come up with a workable solution for getting
a high school.
Commissioner Bradley felt it was important that we are positive at the rally on June 5th.
He said the last thing the School Board wants to hear from us is a lot of complaining and
finger pointing, However, it is important to point out the facts, and the facts are that ever
since they closed our high school, the citizens in Boynton Beach have been waiting for a
high school. We were promised one in 1986. In a polite, respectful way, we need to let
them know that the time is right, and at the same time, set the process in motion that will
60
MINUTES
CITY COMMISSION WORKSHOP
BOYNTON BEACH, FLORIDA
JUNE 13, 1996
In response to a question from Mayor Taylor, Mr. Hukill said they encumber it every
year, That is what their capital budget does,
City Manager Parker stated that the School District has a list of projects much like we
have a CIP list. They already have a number of schools on that list, and we could ask
them to reprioritize that budget list to fit the high school in the current allocation.
Commissioner Bradley asked if some of that capital is going to operation. Mr. Hukill
said it depends on how you define it. If you look at their expenditure side, you will find
about $40 million a year of their total capital budget revenue goes to, for example,
maintenance of the schools, Roughly $10 million goes to staffing for the people who
run the construction program, They have a number of other expenditures they make
out of that and a lot of people think that those are operating expenses. A case can be
made for that, but the State has authorized the school districts to do those sort of
things, The argument is that as bad as this hurts, the operating budget is where the
real crunch is and that is the one that affects the children. So if you can transfer
expenses out of the operating budget into this budget, which is what they have done,
that leaves more money in the operating budget to keep the ration of students to
teachers 31 to 1 instead of increasing to 33 to 1. If they took the maintenance and put
that $40 million back in the operating budget, for example, that would probably change
their teacher/student ratio, It would be a very significant amount.
Commissioner Bradley asked if we should suggest that there would be funds in the
millage category for construction, Mr, Hukill said he did not know if there are funds in
the millage category for construction. He was merely pointing out that this is their major
source of revenue, '
City Manager Parker advised that under this methodology, we would be asking the
School Board to reallocate their projects to fit our project in. However, this is usually a
very difficult argument to make,
5. Sales Tax
City Manager Parker said the sales tax issue will be coming up soon and asked if the
Commission wanted to wait until that is approved, since our project is on the list of
projects to be funded with that sales tax, The only option they have is their general
obligation bond with the ad valorem taxes, similar to what they did in 1986, but the
likelihood of this occurring is slim to none,
13
MINUTES - REGULAR CITY COMMISSION MEETING
.~OYNTON BEACH, FLOrUD.A
- -
[,.",Il
\ \ r..
L./'.J '-
NOVEkBER 15, 1994
Tambri Heyden, Planning and Zoning Director, made the presentation. She advised
that this application was submitted in connection with a major site plan. The
existing building is an office building and a portion of the building will be
used by a church. Because of a change in occupancy, the parking facility must
meet current standards. The existing driveway on Old Dixie Highway is forty
feet (401) less than the required standard of 180'. This is a request for
relief from that requirement.
The Planning and Development Board unanimously recommended approval of this
varian"'"
THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING.
Mayor Hannening pointed out that this portion of Old Dixie Highway has not been
overly burdened with traffic and our requirement for 1801 is antiquated in this
particular area.
Mot1on
Vice Mayor Matson moved to approve the request for relief from Article X -
Parking Lots, Section 5-142 (h) (3) - Distance from an intersection to a drive-
way, location Gulfstream Professional Building, southeast corner of Gulfstream
Boulevard and Old Dixie Highway. Mayor Pro Tern Bradley seconded the motion,
which carried unanimously.
Description:
Quantum Lots 12, 13 and 14 ,4-iAJJ '7'1-007
Jeff Lis (Catalfumo)
Quantum Associates
West side of Quantum Boulevard, approximately
950 feet north of Gateway Boulevard
ABANDONMENT: R~q~est for abandonment of a twelve
foot (121) wide drainage easement with the center
being located at the property line of Quantum Park,
Lots 13 and 14.
B. Project Name:
Agent:
Owner:
Location:
Tambri Heyden, Planning and Zoning Director, made the presentation. The handout
distributed this evening is a letter from the Quantum Property Ownersl Associa-
tion, Inc., dated November 14, 1994, confinming that they have no objection to
the abandonment and relocation of the drainage easement running between Lots 13
and 14 in Quantum Park.
Staff recommends approval of this request subject to installation of a new ease-
ment for drainage.
THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING.
Mot1on
Vice Mayor Matson moved to approve the request for abandonment of a twelve foot
(121) wide drainage easement with the center being located at the property line
of Quantum Park, Lots 13 and 14, project name Quantum Lots 12, 13 and 14, west
side of Quantum Boulevard, apprOXimately 950 feet north of Gateway Boulevard.
Commissioner Katz seconded the motion, which carried unanimously.
- 9 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLOR1~
\ (~'NOVEMBER 15, 1994
~ '0~ ~
VII. PUBLIC AUDIENCE:
Stella Rossi, 625 Whispering Pines Road, spoke as a representative of the
Coalition of Wilderness Islands. She addressed their concerns with the effect
of C02 on plants and structure of the plant community. She recommended devel-
oping the park and boardwalk and waiting to see if there is a problem. She
objected to the use of taxpayers. dollars to support a Canadian company to
experiment in insect control.
Elizabeth _Jenfdn41: 7H ~w 1st Street, expf'-e-5sed--her feellJlg~ dbuut tne Boynton
6~ach Bulldogs. She reminded the Commissioners of her request for a plaque in
memory of the two team members who were recently killed. In her opinion, these
two boys left a message that it is time for the people of the City to draw
closer together. These were two boys who grew up together and left this world
together. She asked that the plaque be placed at Hester Center.
Mayor Harmening advised that the Commission previously decided to have the
plaque placed inside Hester Center.
VIII. DEVELOPMENT PLANS:
A. CONSENT AGENDA - Unanimously approved by Planning' Development Board
Gulfstream Professional Building
Robert Lake
Leopold and Phillip Ettinger
Southeast corner of Gulfstream Boulevard and
Old Dixie Highway
MAJOR SITE PLAN MODIFICATION: Conversion of a
portion of the existing office building to a
church, including' parking lot improvements
and shared parking agreement.
Ms. Heyden advised that shared parking 1s included in this request. The
Planning and Development Board recommended restriping of the parking lot.
1.
Project Name:
Agent:
Owners:
Location:
Description:
Mayor Harmening said that he has never seen more than seventeen (17) cars parked
in this lot. Most of this building has been vacant since it was built. He
feels there may be something wrong with our Parking Lot Ordinance to require as
many spaces as we do under certain conditions. If the membership of this church
is stated correctly, they do not even need the number of spaces they have. To
require them to repaint the spaces seems like it is "gilding the lilyll.
Motion
Commissioner Katz moved to approve the major site plan modification of conver-
sion of a portion of the existing office building to a church, including parking
lot improvements and shared parking agreement at the southeast corner of
Gulfstream Boulevard and Old Dixie Highway, Gulfstream Professional Building,
subject to all staff comments.
Vice Mayor Matson requested that Commissioner Katz consider implementing the
Mayor1s comments into his motion, rather than subject to all staff comments.
- 10 -
MiNUTES - REGULAR CITY C "'~SI .::~ MEETING
BOYNTON BEACH. FLORIDA
.. NOVEMBER 15. 1994
/"'
\\" \.
Vice Mayor Matson seconded the motion.
Mayor Hanmening reiterated his stipulation that the parking lot does not need to
be restriped unless the paint is deteriorating to the pOint where it is no
longer visible.
, ~
',-
The motion carried 4-0.
B. NON-CONSENT AGENDA - Not Unanimously approved by Planning and
Development
Quantum Park M ~MD , '1-0 tJ 7
Jeff Lis (Catalfumo)
Quantum Associates
West side of 1-95, between Miner Road and the
Boynton (C-16) Canal
MASTER PLAN MODIFICATION: Request for approval of
an amendment to the Quantum Park DRI Development
Order, including an amended master site develop-
ment plan which reflects the use of Lots 12, 12A,
13, 13A, 14 and 14A, previously designated as
office, as office/research and development.
Ms. Heyden advised that both of these items have been unanimously approved by
Planning and Development.
1.
Project Name:
Agent:
Owner:
Location:
Description:
Quantum Park is zoned PID and this request is to amend their Development Order.
This master plan modification is different from others in that it is a DRI. It
is subject to our Code of Ordinances and the Florida Statutes. In addition to
detenmining whether it is a substantial change, we must detennine that it is not
a substantial deviation, it does not require further DRI review, and does not
require public hearing other than for the purpose of amending the Development
Order to adopt an Ordinance. ,_
The impact of this request will be very small. It is only 6.3 acres of office
use. The original Quantum Park master plan showed this area as industrial.
This is not a change in the concept of Quantum Park and falls well below the
criteria for a detennination of substantial change.
Other issues reviewed in making a detenmination are change in projected expen-
ditures, change in dollars projected, impact on the land uses and traffic.
Traffic is also a regional concern. The answer to all questions involved with
these other issues is that the changes are insignificant and very minor in
nature.
Staff recommends that the City Commission find that this is not a substantial
change, not a substantial deviation, does not require further DRI review, and is
not subject to a public hearing for the purpose of passage of an Ordinance.
Motion
Vice Mayor Matson moved to approve the request for approval of an amendment to
the Quantum Park DRI Development Order, including an amended master site devel-
opment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, pre-
viously designated as office, heretofore to be designated as office/research and
- 11 -
'MINUTES - REGUI.AR C!TY,
BOYNTON BEACH. FLORIDA
~ISSION MEETING
~\ \~9VEMBER 15. 1994
(-:'\ \~ >- \..
~ \\." \ ( -
'\'" .\.\'~
'\\ \ ' .#';>
\\ \ yo:
:;..-'
development. My motion also includes that there be no finding of substantial
change with respect to the revised master plan, and that the proposed change to
Quantum Park DRI Order is not a substantial deviation, does not require further
Development of Regional Impact review, and is not subject to a public hearing
for purposes other than the passage of an Ordinance to review the original
Quantum Park DRI DO, also established by Ordinance. Commissioner Katz seconded
the motion, which carried 4-0.
Quantum Lots 12. 13. cma 14 N WS ~ ?y"od'
Jeff Lis (Cata1fumo)
Quantum Associates
West side of Quantum Boulevard, approximately
950 feet north of Gateway Boulevard
NEW SITE PLANS: Request to construct a 100,000
square foot office/research and development
building with associated parking and landscaping.
Mayor Hanmening said this will be a new Motorola plant which is not part of the
paging division.
2.
t-'roject Name:
Agent:
Owner:
Location:
Description:
Ms. Heyden made the presentation. She advised that the handout which was
distributed this evening, supersedes the infonmation contained in the original
backup packet. This handout is the result of comments by staff subsequent to
the delivery of the first package of infonmation.
The changes from the original packet are very minimal in nature. A third drive-
way was added in the northern section of the site in response to comments by the
Police Department.
Because the driveway to the south is used for truck traffic, the internal radius
had to be widened out. That resulted in the, loss of parking spaces. Also,
there was a loss of parking in the area of the north driveway. There are 387
parking spaces as a result of the additional driveway and turning radius. This
is a loss of thirteen (13) parking spaces; however, there is still more than
sufficient parking. Ms. Heyden feels that the applicant has provided so much
parking because of the fact that the employees work shifts, and there may be
some overlapping.
Ms. Heyden said this will be a two-story building of 100,000 square feet to be
used for office/research and development/industrial. The proposed development
shows three driveways. At the Planning and Development Board meeting, the
applicant stated he would like to omit the middle driveway.
Landscaping exceeds Code requirements.
This project is not in the Community Design District. It will be a gray colored
bu 11 ding.
The Planning and Development Board unanimously recommended approval of this
application, subject to the comments which were distributed this evening.
- 12 -
MINUTES - REGULAR CITY~~ISSION MEETING
BOYNTON BEACH. FLORIDA
,.-- ~ ""'"
-'
\~ l,r \ -
\\' ':, \,:',c,
-
'~\NOVEM8ER 15. 1994
r,
Vice Mayor Matson pointed out that she attended the Planning and Development
Board meeting where Chainman Lehnertz recommended replacing the Cypress mulch
with Melaleuca mulch. This was not a condition of approval. Mr. Lis agreed
that if there was an even swap there would be no problem. He did, however,
express concern with the possibility of insect infestation. Mr. Lis agreed to
comply if, after investigation, there are no concerns about insect infestation.
Jeff Lis, representing! joint venture between Catalfumo and Tambone, said he
has spent a great deal of time with staff getting this project ready for review
by the City ('(l'!mL5~in!'1, Thpy h~ve no problems with any of th~ ~t~ff cnrrrnents
which must be incorporated into the plans. However, he requested permission to
obtain a foundation and column pennit from the Building Department prior to
submittal of all of the plans addressing all of the comments.
Discussions had taken place with staff wherein there was agreement that the
applicant would submit plans addressing all comments prior to final building
permit. Mr. Lis requested a deviation from that so that they can begin work on
the first floor installation of footers, the floor, and the columns to go to the
second floor prior to having complete submittals of all comments on all plans.
Mayor Hanmening pointed out that the Building Code makes provision for a foun-
dation permit.
Mr. Hukill said he has a problem with this request since he is not sure staff
has enough infonmation to inspect the foundation. He has not seen a foundation
drawing. Mr. Hukill said he received four sheets of drawings last Thursday
afternoon at 4:30 p.m. Two of those sheets were landscape drawings, one was
drainage and paving and the fourth was site plan.
Mr. Lis said he will have complete drawings for review by the Building
Department for the submittal they are requesting. They will be signed and
sealed. Soil tests have been completed and were already submitted to
Engineering.
C1ty Manager Parker advised that building penmits need not come before the City
Commission. As long as the City Commission agrees with the concept, staff will
continue to work with the applicant to be sure all technical aspects are
handled. If we do not have anyone on staff, we will allow the applicant to hire
a specialist to do the special inspection.
Mayor Hanmening said he does not feel very secure initiating any kind of penmit,
including a foundation penmit, without the plans for the foundation. Mr. Lis
said complete plans will be submitted to the Building Department for review
prior to the issuance of any penmit.
Motion
Vice Mayor Matson moved to approve new site plan to construct a 100,000 square
foot office/research and development building with associated parking and land-
scaping on Quantum Park Lots 12. 13 and 14. west side of Quantum Boulevard,
approximately 950 feet north of Gateway Boulevard, subject to staff comments and
also to include the possible replacement of Cypress mulch with Melaleuca mulch,
subject to further review, plus the changes to the driveway configuration.
Commissioner Katz seconded the motion. which carried 4-0.
- 13 -
MINUTES - REGULAR CITY C~ISSION MEETING
BOYNTON BEACH. FLORIDA
NOVEMBER IS. 1994
development. My motion also includes that there be no finding of substantial
change with respect to the revised master plan, and that the proposed change to
Quantum Park DRI Order is not a substantial deviation, does not require further
Development of Regional Impact review, and ;s not subject to a public hearing
for purposes other than the passage of an Ordinance to review the original
Quantum Park DRI DO, also established by Ordinance. Commissioner Katz seconded
the motion, which carried 4-0.
Quantum Lots 12. 13 nd 14
Jeff Lis (Catalfu
Quantum Associat
West side of Q turn Boulevard, approximately
950 feet nort of Gateway Boulevard
NEW SITE P : Request to construct a 100,000
square foo office/research and development
building lth associated parking and landscapi
Mayor Hanmening said this will be a w Motorola plant which is not part
paging division.
2. Project Name:
Agent:
Owner:
Location:
Description:
Ms. Heyden made the presentation She advised that the handout which as
distributed this evening, super des the infonmation contained in th original
backup packet. This handout i the result of comments by staff su equent to
the delivery of the first pa age of infonmation.
packet are very minimal in nature
section of the site in response 0
drive-
by the
The changes from the
way was added in the
Police Department.
Because the driveway t the south is used for truck traffi , the internal radius
had to be widened out That resulted in the lass of park g spaces. Also,
there was a loss of arking in the area of the north dri way. There are 387
parking spaces as result of the additional driveway tl turning radius. This
is a loss of thir en (13) parking spaces; however, t re is still more than
sufficient parki . Ms. Heyden feels that the appli nt has provided so much
parking because f the fact that the employees work hifts, and there may be
some overlappi
Ms. Heyden s d this will be a two-story bui1din of 100,000 square feet to be
used for of ce/research and development/indust al. The proposed development
shows thre driveways. At the Planning and De 10pment Board meeting, the
applicant tated he would like to omit the mi 1e driveway.
and Development Board un
subject to the comment
It will be a gray colored
Landsca ng exceeds Code requirements.
is not in the Community Des'
imously recommended approval of this
hich were distributed this evening.
- 12 -
- MINUTES - REGULAR CITY ~ISSION MEETING
BOYNTON BEACH. FLORIDA
NOVEMBER 15. 1994
Vice Mayor Matson seconded
Mayor Harmening reiter d his stipulation that the parkin
be restriped unless e paint is deteriorating to the p ,
longer visible.
The motion 4-0.
not need to
is no
B. NON-CONSENT AGENDA - Not Unanimously approved by Planning and
Development
QuantllD Park
Jeff Lis (Catalfumo)
Quantum Associates
West side of 1-95, between Miner Road and the
Boynton (C-16) Canal
MASTER PLAN MODIFICATION: Request for approval of
an amendment to the Quantum Park DRI Development
Order, including an amended master site develop-
ment plan which reflects the use of Lots 12, 12A,
13, 13A, 14 and 14A, previously designated as
office, as office/research and development.
Ms. Heyden advised that both of these items have been unanimously approved by
Planning and Development.
1. Project Name:
Agent:
Owner:
Location:
Description:
Quantum Park is zoned PID and this request is to amend their Development Order.
This master plan modification is different from others in that it is a DRI. It
is subject to our Code of Ordinances and the Florida Statutes. In addition to
determining whether it is a substantial change, we must determine that it is not
a substantial deviation, it does not require further DRI review, and does not
require public hearing other than for the purpose of amending the Development
Order to adopt an Ordinance.
The impact of this request will be very small. It is only 6.3 acres of office
use. The original Quantum Park master plan showed this area as industrial.
This is not a change in the concept of Quantum Park and falls well below the
criteria for a determination of substantial change.
Other issues reviewed in making a detenmination are change in projected expen-
ditures, change in dollars projected, impact on the land uses and traffic.
Traffic is also a regional concern. The answer to all questions involved with
these other issues is that the changes are insignificant and very minor in
nature.
Staff recommends that the City Commission find that this is not a substantial
change, not a substantial deviation, does not require further DRI review, and is
not subject to a public hearing for the purpose of passage of an Ordinance.
Motion
Vice Mayor Matson moved to approve the request for approval of an amendment to
the Quantum ParK'DRI Development Order, including an amended master site devel-
opment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, pre-
viously designated as office, heretofore to be designated as office/research and
- 11 -
~'
ORDINANCE NO, 094-.6i'
"
:!
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR A DETERMINATION THAT
CHANGES TO THE COMPREHENSIVE
DEVELOPMENT OF REGIONAL IMPACT
APPROVED IN ORDINANCE NO. 84-51, AND
AMENDED IN ORDINANCES NOS. 86-11,86-37,88-
3 AND 94-10, DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER
380,06, FLORIDA STATUTES, 1994, DETERMINING
THAT NO FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS. 84-51,86-11,86-37,88-
3 AND 94-10) FOR PURPOSES OF
INCORPORATING THE APPROVED CHANGES;
AND PROVIDING FOR AN EFFECTIVE DATE.
1
II
~~
1.-tPM V tt4---oo-
~ (2-(.
WHEREAS, Quantum Associates, a Florida general partnership ("Developer")
is the current owner and developer of the remaining vacant land within the project
1 ~ commonly known as Quantum Corporate Park at Boynton Beach Development of
Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and
,; WHEREAS, the original Development Order for the Quantum Park DRI was
"
I approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and
amended by Ordinance Nos. 86-11,86-37,88-3 and 94-10 (hereinafter collectively
called the "Development Order"); and
,i WHEREAS, the land subject to the Development Order is described therein
,: as the "Property" and is incorporated herein by reference; and
i!
;;
:1'1' WHEREAS, Developer has submitted to the City a Notification of Proposed
II Change to a Previously Approved Development of Regional Impact requesting a
I, further amendment to the Development Order for the purpose of revising the Master
I! Site Development Plan to reflect the use of a portion of the Property previously
designated for office use to be redesignated for office/research and development
use; and
..
WHEREAS, the City Commission of Boynton Beach, as the governing body
having jurisdiction, is authorized and empowered to consider applications for
amendments to development orders approving developments of regional impact
pursuant to Chapter 380.06, Florida Statutes (1994); and
ji
WHEREAS, said City Commission has considered the testimony, reports and
other documentary evidence submitted at said public hearing by Developer. the City
staff and the public, and the City Planning and Development Board's
recommendations of the 15th day of November, 1994; and
WHEREA~, said City Commission has considered all of the foregoing,
NOW THEREFORE, be it ordained by the City Commission of Boynton Beach,
that said City Commission makes the following findings of fact:
Section 1, A notice of public hearing in the proceedings was duly published
on the 4th day of November, 1994, in The News, a newspaper of general circulation
in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof
of said publication has been duly filed in these proceedings,
Section 2, Developer has requested that the Development Order be amended
by revising the land use designation of Lots 12, 13, and 14 from "office" to
"office/research and development" as reflected on the amended Master Site
Development Plans, attached hereto as Exhibit "A" and made a part hereof.
"
F$~
M~M P q.f--0o7
~ (?--(4.
"
I,
ORDINANCE NO, 094-.61
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR A DETERMINATION THAT
CHANGES TO THE COMPREHENSIVE
DEVELOPMENT OF REGIONAL IMPACT
APPROVED IN ORDINANCE NO. 84-51, AND
AMENDED IN ORDINANCES NOS. 86-11,86-37,88-
3 AND 94-10, DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER
380.06, FLORIDA STATUTES, 1994, DETERMINING
THAT NO FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS, 84-51,86-11,86-37,88-
3 AND 94-10) FOR PURPOSES OF
INCORPORATING THE APPROVED CHANGES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Quantum Associates, a Florida general partnership ("Developer")
is the current owner and developer of the remaining vacant land within the project
, commonly known as Quantum Corporate Park at Boynton Beach Development of
Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and
WHEREAS, the original Development Order for the Quantum Park DRI was
approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and
amended by Ordinance Nos, 86-11,86-37,88-3 and 94-10 (hereinafter collectively
, called the "Development Order"); and
,I WHEREAS, the land subject to the Development Order is described therein
: as the "Property" and is incorporated herein by reference; and
,I
I:
:i
WHEREAS, Developer has submitted to the City a Notification of Proposed
Change to a Previously Approved Development of Regional Impact requesting a
further amendment to the Development Order for the purpose of revising the Master
Site Development Plan to reflect the use of a portion of the Property previously
designated for office use to be redesignated for office/research and development
use; and
:i
WHEREAS, the City Commission of Boynton Beach, as the governing body
having jurisdiction, is authorized and empowered to consider applications for
amendments to development orders approving developments of regional impact
pursuant to Chapter 380,06, Florida Statutes (1994); and
WHEREAS, said City Commission has considered the testimony, reports and
other documentary evidence submitted at said public hearing by Developer, the City
staff and the public, and the City Planning and Development Board's
recommendations of the 15th day of November, 1994; and
WHEREAS, said City Commission has considered all of the foregoing,
"
NOW THEREFORE, be it ordained by the City Commission of Boynton Beach,
that said City Commission makes the following findings of fact:
Section 1. A notice of public hearing in the proceedings was duly published
on the 4th day of November, 1994, in The News, a newspaper of general circulation
in Boynton Beach, Florida, pursuant to Chapter 380,06, Florida Statutes, and proof
of said publication has been duly filed in these proceedings,
Section 2, Developer has requested that the Development Order be amended
by revising the land use designation of Lots 12, 13, and 14 from "office" to
"office/research and development" as reflected on the amended Master Site
Development Plans, attached hereto as Exhibit "A" and made a part hereof,
i!
-.,
...., ....,
"
Section 3. Upon consideration of all matters described in Section 380,06,
Florida Statutes (1994), it is hereby determined that:
A. The amendment proposed by Developer does not unreasonably interfere
with the achievement of the objectives of the adopted state land
development plan applicable to this area,
B, The amendment proposed by Developer is consistent with the local
comprehensive plan and local land development regulations,
C. The amendment proposed by Developer is consistent with the
recommendations of the Treasure Coast Regional Planning Council on
file in these proceedings.
D. The amendment proposed by Developer does not constitute a substantial
deviation under Chapter 380,06, Florida Statutes (1994),
Section 4, The City Commission has concluded as a matter of law that these
proceedings have been duly conducted,pursuant to the provisions of Chapter 380,06,
, Florida Statutes (1994), that Developer is entitled to the relief prayed and applied for,
and that the Development Order is hereby amended incorporating the amendments
proposed by Developer as set forth in Section 2 above,
Section 5, Except as otherwise amended herein, the Development Order shall
remain in full force and effect,
FIRST READING this / day of November, 1994,
SECOND READING and FINAL PASSAGE this /0 day of November, 1994,
CITY OF BOYNTON BEACH
k;' ---, '-___-.'/" /' _ , ,
-=-_ ~~(~~{-/(~:"tt,~, /
~' " ,+
Mayor
~/-~
Ice Mayor
~,,--
Mayo P
"
li
Commissioner
ATTEST:
'--(/~ ) V~
, i /cit;f~~JU'~~-K :~~~/} l' /
QUANTIJM,ORD
11,1,94Rev, 11/10/94
~.
~"..~ ~
~.,t~\0\~ /><
/5\
c'-'\
At \
9'
"''''3'$2tl-
.~ ~..
\,)1'"
,0:.'" .:):-"
~!" -.
QUt'\N rUM
.._ ...r.
-
t-,~ I'" :"1 &1'- A
e
.......
a\.... ..... "*
'.'~-"-~-'---'--'---'~~--
SHUTTS &
BOWEN
ATTORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLORIDA 32801
TELEPHONE(407) 423-3200
TELECOPIER (407) 425'8316
FRANK B, SHUTTS 11870-19471
CRATE D. BOWEN (1871-19591
October 31, 1994
via FEDERAL EXPRESS
GARY M. BAGlIEBTER
KATRJNA D. BAKER
ARNOLD L. BERMAN
JOSEPH D, BOLTON
CHRiSTOPHER W. BOYETT
BOWMAN BROWN, P,A.
ANDREW M. BRUMBY
JUDITH A. BURKE
THOMAS P. CALLAN
SHEILA M. CESARANO
JOHN S. CHOWNING, P.A.
STEVEN l. CHUDNOW
JONATHAN COHEN
KEVI N D. COWAN
KAREN H. CURTIS. P.A.
LUIS A. DE ARMAS, P.A.
GREGORY L. DENES
KATHLEEN L. DEUTSCH
JEAN-CHARLES CIBSS
LINDA W. DILLMAN
JAM ES F. DU RHAM, II
CHARLES ROBINSON fAWSETT. P A.
ESTEBAN A. FERRER
ROBERT G. FRACASSO. JR.
ROBERT A. FREYER
ROGER FRtEDBAUER
W1LLlAM J. GAlLWEY, III
STEPHEN B. GILLMAN. P.A.
ROBERT BLAIR GOLDMAN
ANDREW L. GORDON
MICHAEL L. GORE
JODI M. GRESS
ROBERT E. GUNN, P.A.
JOHN K. HARRIS, JR.
EDMUND T. HENRY, ill
DON L. HORN
MARY RUTH HOUSTON
YOLANDA CASH JACKSON
WILLIAM N. JACOBS
THOMAS H. JUSTICE, ill
MARVIN A. KIRSNER. P.A.
JOHN T. KOLINSKI
J(F'FREY M. LANDAU
RICHARD M. LESLIE, P.A.
MAXINE M. lONG
DON A. lYNN, P.A.
LEE D. MACKSON
ANTONIO MARTINEZ, JR., P.A.
WILLIAM G. McCULLOUGH
JOSEPH F. McSORLEY
JOHN E. MEA..GHER
ARTHUR J. MENOR
ROBERT O. MILLER
ALAN f M ISHAEL
C. RICHARD MORGAN
TIMOTHY J. MURPHY
PHILLIP G. NEWCOM"'1. P.A.
lOUIS NOSTRO
JAMES M. O'CONNELL
USA O. O'NEill
HAROLD E. PATRICOFF, JR.
STEPHEN L. PERRONE. P.A.
GEOFFREY RANDALL
SALLY M. RICHARDSON
lIZA RISO
MARGARET A. ROLANDO. P.A.
RAU L J. SALAS
ROSEMARIE N. SANCERSON-SCHAOE. P. A.
WRITER'S DIRECT LINE
Mr. J. Thomas Beck, Bureau Chief
Bureau of State Planning
Division of Resource Planning and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Re:
Quantum Corporate Park DR!
(Boynton Beach)
Dear Tom:
ROBERT A. SAVILL, P.A.
ALFRED G. 8M ITH
WILLIAM F. SMITH, P.A.
ROBERT C. SOMMERVILLE, P.A.
STEPHEN S. STALLINGS
KAREN L. STETSON
KIMARIE R. STRATOS, P.A.
XAVIER L. SUAREZ
ANDREW P. TETZELI
ROBERT E. VENNEY
M. THERESE VENTO
BRENTON N. VER PLOEG, P.A
BARBARA E. VICEVICH, P.A.
ROBERT A. WAINGER, M.D.
J. DONALD WASIL
DANIEL J. WEIDMANN
RO BERT WEXLER
JOHN B. WHITE, P.A.
JAMES G. WILLARD
SCOTT G WI LLlAMS
LAWRENCE D. WINSON
LETITIA E. WOOD. P.A.
KENNETH W. WRIGHT
OF cou NSEL
JORDAN BITTEL, P.A.
JOHN R. DAY, P.A.
ROO JONES
MARSHALL J. LANGER, P.A.
JON MILLS
PRESTON L. PREVATT
Please find enclosed a revised Exhibit "A" to the Notification
of a Proposed Change to a Previously Approved DR! at which you were
sent by Federal Express on October 28th. The original Exhibit "A"
inadvertently did not include the proposed R & D use on Lots 12, 13
and 14.
I l,
Jame /
i
Tambri Heyden, Director, Boyntol
Carrie Parker, City Manager
Sally Black, Treasure Coast Regional Planning
Andrew A. Juster, Simon Property Group
Steve E. Fivel, Esq. Simon Property Group
Jim Cherof
cc:
ORLANDO 78157.1 - SAS
,
lYfJr~,
, /" j
/[/ / / /1
Willard
Beach Planning Dept.
Council
FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM
EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS
,...,~"~,,,
, ""I'\\\";,,'i"""" ':'"
t\,' , ',,,,' ,
:Y IDA '
LAKE
.. -+.' I
." ----I
i I
I
1
J
1
J
I
---I
: J
I I
, I
. 8A J
! '
. I
,
--t
I
J
I
,
J
I
--/
I
1
I
J
"
I
J
J
/
I
1
/',/
yo'
.~\\\\"\I\\" 'II' ,
,~\\\\\\\\\~\\,\\\\ '''11\~1'l\~\\ I' ,t
~\~\\\;~\\I\~1 \\\I~W:I\'\\"I.\:::~\~'\:: ;:I~
'Ii\'~\il \\\\:\,\\,,:',\ ,I"
33 ~ '~\\\\\ II \1\ ,'" 'I' 11\" \
OffiCE \ ",~!\\l:\'!;'!\\:\\" "
i ~r- '!'II\I\I>" ,,,' '
Z,4\.. ....... ~\\\\\\\i'l ,,1 'II II' ,,', .
~~~'~.~'~
..-..-..-..-.. .
12 ~12A
Off\CE./ R&D
2.26 ",-C
...-.*~."
~......-..*
3""
OFf\CE.
3.73 "C
J
t--
J
I
I
,
I
J
I
~-
I
I
I
f
I
I
I
I
,
1-_
I
,
I
I
1-4 A
16A
17"
"-
"-
"'-
18" '.....
II.." ."..~~),
'f"".' '.",,:,
'. 'J;V" ,
\
18 ~ 18"
Off\CE.
Z,gl ~
.
,
" ]>,."
PLAN
r~
OJRRBN'l'
.---.---------..----.-
_.~--------_.- -
SHUTTS & BOWEN
ATTORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS'
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLORIDA 32801
TELEPHONE (407)423-3200
TELECOPIER (407) 425,8316
FRANK 8. SHUTTS (1870,1947)
CRATE D. BOWEN <1671-1959)
October 28, 1994
via FEDERAL EXPRESS
GARY M. BAGLIEBTER
KATRI NA D. BAKER
ARNOLD L, BERMAN
JOSEPH D. BOLTON
CHRISTOPHER W. BOYETT
BOWMAN BROWN, P.A.
ANDREW M. BRUMBY
JUDITH A. BURKE
THOMAS P. CALLAN
SHEILA M, CESARANO
JOHN S. CHOWNING, P.A.
STEVEN L, CHU DNOW
JONATHAN COHEN
KEVI N 0, COWAN
KAREN H. CURTIS, P.A.
LU IS A. DE ARMAS, P. A.
GREGORY L, DENES
KATHLEEN L. DEUTSCH
JEAN'CHARLES DIBBS
LINDA W, DILLMAN
JAMES F. DURHAM, n
CHARLES ROBINSON FAWSETT, P,A,
ESTEBAN A. FERRER
ROBERT G, FRACASSO, JR,
ROBERT A. FREYER
ROGER FRI EDBAUER
WILLIAM J, GALLWEY, ill
STEPHEN B. GILLMAN, P,A,
ROBERT BLAI R GOLDMAN
ANDREW L. GORDON
MICHAEL L. GORE
JODI M. GRESS
ROBERT E. GUNN. P,A.
JOHN K. HARRIS. JR.
Ms. Tambri Heyden
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach
Boynton Beach, Florida
Blvd.
33425-0310
Re: Quantum DRI Amendment
Dear Tambri:
EDMUND T. HENRY, m
DON L. HORN
MARY RUTH HOUSTON
YOLANDA CASH JACKSON
WILLIAM N. JACOBS
THOMAS H. JUSTICE. ill
MARVIN A. KIRSNER. P.A.
JOHN T. KOLINSKI
JEFFREY M. LANDAU
RICHARD M. LESLIE, P."'.
MAXINE M. LONG
DON A. LYNN, P.A.
LEE D. MACKSON
ANTONIO MARTINEZ, JR., P."'.
WILLIAM G, McCULLOUGH
JOSEPH F. MCSORLEY
JOHN E. MEAGHER
ARTHUR J. MENOR
ROBERT D. MILLER
ALAN I. M ISHAEL
C. RICHARD MORGAN
TIMOTHY J. MURPHY
PHILLIP G. NEWCOMM, P.A.
LOUIS NOSTRO
JAMES M, O'CONNELL
LISA O. O'NEilL
HAROLD E, PATRICOFF, JR.
STEPH EN L. PERRON E, P. A.
GEOFFREY RANDALL
SALLY M. RICHARDSON
LlZA RISO
MARGARET A, ROLANDO, P.A,
RAU L J, SALAS
ROSEMARIE N, SANCERSON'SCHADE. P.A.
ROBERT A. SAVILL, P.A.
ALFRED G, SMITH
WILLIAM F. SMITH, P.A.
ROBERT C. SOMMERVilLE, P.A.
STEPHEN 5. STALLINGS
KAREN L. STETSON
KIMARIE R. STRATOS, P.A.
XAVI ER L. SUAREZ
ANDREW P. TETZELI
ROBERT E. VENNEY
M. THERESE VENTO
BRENTOPi N. VER PLOEG, P.A.
BARBARA E. VICEVICH, P.A.
ROBERT A, WAINGER. M,D,
J, DONALD WASIL
DANIEL J. WEIDMANN
ROBERT WEXLER
JOHN B. WHITE. P.A.
JAMES G. WILLARD
SCOTT G, WI LLIAMS
LAWRENCE D. WINSON
LETITIA E. WOOD, P. A.
KENNETH W. WRIGHT
OF COUNSEL
JORDAN BITTEL. P.A
JOHN R. DAY, P.A.
ROD JON ES
MARSHALL J. LANGER, P. A.
JON MILLS
PRESTON L. PREVATT
WRITER'S 01 RECT LI N E
Enclosed is a copy of my letter to Tom Beck at DCA together
with three copies of the "Notification of a proposed Change to a
Previously Approved DRI". This Notification relates to the
redesignation of three lots from "Office" to "Office/Research and
Development" .
Pursuant to Florida Statute 380.06(19)(e)2, the proposed
change is conclusively deemed not to be a substantial change and
therefore does not require a public hearing. Sally Black at TCRPC
concurs with this determination. Therefore, no public notice is
required and the adoption of this Amendment can be scheduled at the
next available City Council meeting.
Al though the City has historically amended the DRI Development
Order by ordinance, an ordinance is not required by state law and
many jurisdictions, including Orlando and other Central Florida
counties, adopt DRI amendments by resolution. Therefore, I believe
that only one City Council meeting is necessary to adopt this
proposed change. You may confirm this with your City Attorney, Jim
Cherof.
I further understand that this amendment is scheduled to be
reviewed by City Council at its meeting on November 15th.
Please advise me of the application fee for reviewing the
proposed change and I will send it to you immediately.
FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM BEACH
EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS
"
Ms. Tambri Heyden
October 28, 1994
Page 2
Please call if you have any questions.
JGW/ss
Enclosure
cc: Carrie Parker, City Manager (via Federal Express)
Jim Cherof (via Federal Express)
Andrew A. Juster (via Federal Express)
Steven E. Fivel, Esquire (via Federal Express)
ORLANDO 78111.1. SAS
SHUTTS &
BOWEN
GARY M. IlAGLIEBTER
KATR'N... D, IlAKER
"'RNOLD L, BERM"'N
JOSEPH D, BOLTON
CHRISTOPHER W, BOYETT
BOWM"'N IIROWN. P,....
"'NDREW M, BRUMBY
JUDITH ..., BURKE
THOMAS p, CALLAN
SHEILA 04 CES"'RANO
JOHN 5, CHOWNING. P,...,
STEVEN L. CHUDNOW
JON...TH"'N COH EN
KEVIN D. COW"'N
KAREN H, CURTIS. P....,
LU IS A. DE ARMAS. P. A.
GREGORY L. DENES
KATHLEEN L. DEUTSCH
JEAN'CH"'RLES DIBBS
LIND'" W, DILLM",N
J"'MES F', DURH"'M, n
CH"'RLES ROllINSON F''''WSETT. P,...,
ESTEIlAN ..., F'ERRER
ROIIERT G, FRACASSO. JR,
ROBERT .... F'REYER
ROGER F'RIEDIlAUER
WILLI...M ..I. GALLWEY, m
STEPHEN II, GILLMAN, P,...,
ROIIERT BLAIR GOLDM"'N
"'NDREW L. GORDON
MICH...EL L, GORE
JODI M GRESS
ROBERT E. GUNN, P,....
,JOHN K. HARRIS. JR.
ATTORNEYS AND COUNSELLORS AT LAW
'A PARTNERSHIP INCLUDING PROF'ESSION...L ...SSOCIATlONS'
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO, F'LORIDA 32801
TELEPHONE (407) 423-3200
TELECOPIER (407) 425-8316
F'RANK B. SHUTTS (1870-15147'
CRATE D. BOWEN 11871-'959)
October 28, 1994
via FEDERAL EXPRESS
Mr. J. Thomas Beck, Bureau Chief
Bureau of State Planning
Division of Resource Planning and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Re:
Quantum Corporate Park DRI
(Boynton Beach) - Notification
of a Proposed Change to a
Previously Approved DRI
Dear Tom:
..~
EOMUND T, HENRY. m
DON L, HORN
M...RY RUTH HOUSTON
YOLAND'" CASH J...CKSON
WILLI...M N, J...COBS
THOMAS H, JUSTICE. m
M...RVIN ..., KIRSNER, P....,
JOHN T, KOLINSKI
JEF'FREY 04, LAND...U
RICHARD M. lESLlE. P.""'.
"""INE M, LONG
DON ..., LYNN. P....,
LEE 0, .....CKSON
...NTONIO MARTINEZ. JR" P....,
WiLLI..... G. MCCULLOUGH
JOSEPH F', "CSORLEY
JOHN E, MEAGHER
"'RTHUR ..I, "ENOR
ROBERT 0, "ILLER
ALAN l. 1141$HAEL
C, RICH...RD ..OR....N
TIMOTHY J. MURPHY
PHILLIP G, NEWCO"M. P....
LOUIS NOSTRO
JAMES ... O'CONNELL
LIS'" 0, O'NEILL
H"'ROLD E, P...TRICOF'F'. JR.
STEPHEN L, PERRONE. P....,
GEOF'F'REY RAND"'LL
SALLY", RICH...RDSON
UZA RISO
.....RG...RET.... ROLANDO, P,...,
RAUL ..I, SALAS
ROSEM...RIE N. SANCERSON-5CHADE. p....,
WRITER'S DIRECT LINE
ROBERT ..., SAVILL. P,....
"'LF'RED G, SMITH
WILLIAM F". SMITH. P.".
ROBERT C, SOMMERVILLE. P....,
STEPHEN S. ST"'LLINGS
KAREN L, STETSON
KI.....RIE R, STR...TOS, P,...,
XAVIER L. SU"'REZ
"'NDREW P, TETZELI
ROBERT E. VENNEY
M, THERESE VENTO
BRENTON N. VER PLOEG. P....
IlARII...RA E, VICEVICH. P....,
ROBERT..., W"'INGER, M.D,
..I. DON"'LD W",SIL
D...NIEL ..I, WEIDM",NN
ROBERT WEXLER
.JOHN II, WHITE. P....,
.J.....ES G, WILLARD
SCOTT G, WILLI...MS
LAWRENCE 0, WI NSON
LETITI", E, WOOD. P,...,
KENNETH W WRIGHT
OF' COUNSEL
.JORD"'N IIITTEL. P,...,
.JOHN R. D"'Y. P,...,
ROD JONES
.....RSH...LL J, LANGER. P,...,
JON MILLS
PRESTON L, PREV"'TT
In accordance with
enclosed a copy of the
Previously Approved DRI relating
in Boynton Beach, Florida.
Florida Statute 380.06(19), please find
Notification of a Proposed Change to a
to the Quantum Corporate Park DRI
The
proposed
by
only
change
Amendment is
of 8.2 acres)
FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM BEACH
EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS
the
from
FORM RPM-BSP-PROPCHANGE-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. I, JAMES G. WILLARD, the undersigned authorized representative
of QUANTUM ASSOCIATES, hereby give notice of a proposed change
to a previously approved Development of Regional Impact in
accordance with Subsection 380.06(19), Florida Statutes. In
support thereof, I submit the following
information
concerning the QUANTUM CORPORATE PARK (formerly known as
Boynton Beach Park of Commerce) development, which information
is true and correct to the best of my knowledge. I have
submitted today, under separate cover, copies of this
completed notification to City of Boynton Beach, to the
Treasure Coast Regional Planning Council, and to the Bureau of
State Planning, Department of Community Affairs.
~Lf~
(Date)
L Y/ /9?7
,
2. Applicant (name, address, phone).
Quantum Associates
115 West Washington Street
Indianapolis, Indiana 46204
317/636-1600
3. Authorized Agent (name, address, phone).
James G. Willard, Esquire
Shutts & Bowen
20 North Orange Avenue, Suite 1000
Orlando, Florida 32801
407/423-3200
4. Location (City, County, Township/Range/Section) of approved
DRI and proposed change.
The Quantum Corporate Park DRI is located in Sections 17 and
20, Township 45 South, Range 43 East, Palm Beach County,
Florida.
The description of the property which is the subject of the
proposed change is identified pursuant to the current Master
Site Development Plan as Lots 12, 13 and 14 consisting of a
total of aproximately 8.2 acres.
5. Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build-out date,
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
Applicant seeks to amend its Master Site Development Plan (the
"Master Plan") to reflect the intended use of Lots 12, 13 and
14 as "Office/R & D" instead of solely "Office".
The current Master Site Development Plan as amended by
Amendment Number 4, dated March 28, 1994 will remain
exactly the same other than for the land use designations
of the foregoing described lots being changed to
"Office/R & D". A copy of that portion of the most
-2-
recent Master Site Development Plan including the subject
lots and the proposed land use changes is attached hereto
as Exhibit "A".
6. Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the development. If
no change is proposed or has occurred, indicate no change.
No change to the DRI is proposed other than the expanded land
use designation for Lots 12, 13 and 14.
7. List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
Original Development Order
December 18, 1984
First Amendment to
Development Order
June 3, 1986
Second Amendment to
Development Order
October 21, 1986
Third Amendment to
Development Order
February 2, 1988
Fourth Amendment to
Development Order
April 19, 1994
The purpose of all three amendments was to change the Master
Site Development Plan.
There has been no change in local government jurisdiction for
any portion of the development.
8. Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
No additional lands were purchased or optioned since the
approval of the initial Development Order.
-3-
L~pre~en~a~~ons ~n ~ne App~1ca~1on tor Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
-4-
"""
...
/
.........".
..""
J
9. Indicate if the proposed change is less than 40\ (cumulatively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19)(b), Florida statutes.
Response: The proposed change is less than 40% of the
criteria listed in Florida Statutes 380.06(19)(b).
Do you believe this notification of change proposes a
change which meets the criteria of Subparagraph
380.06(19)(e)2., F.S.
YES
x
NO
10. Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new bui1dout or phasing dates.
The proposed change does not result in a change to the
buildout date or any phasing date of the Project.
11. Will the proposed change require an amendment to the local
government comprehensive plan?
The proposed change will not require an amendment to the local
government comprehensive plan.
12. An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
The affected portion of the proposed Amended Master Site
Development Plan is attached hereto as Exhibit "A".
13. Pursuant to Subsection 380.06(1) (f), F.A., include the precise
language that is being proposed to be deleted or added as an
amendment to the development order. This language should
address and quantify:
a. All proposed specific changes to the nature, phasing, and
build-out date of the development; to development order
condi tions and requirements; to commi tments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
-4-
,~,
......,;
preservation, green belts; to structures or to other
improvements including locations, square footage, number
of units; and other major characteristics or components
of the proposed change;
b. An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
c. A proposed amended development order deadline for
commencing physical development of the proposed changes,
if applicable;
d. A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
e. A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down-zoning, unit density reduction, or
intensity reduction, if applicable; and
f. Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025(7), F.A.C.
The proposed Amended Development Order is attached hereto as
Exhibit liB".
ORLANDO 78085.1 - SAS
-5-
ORDINANCE NO. 94-
ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR A DETERMINATION THAT
CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF
REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-
51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-
37, 88-3 AND 94-10, DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06,
FLORIDA STATUTES, 1994, DETERMINING THAT NO
FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW
IS NECESSARY REGARDING SUCH CHANGES, APPROVING
SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER
(ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3 AND
94-10) FOR PURPOSES OF INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN EFFECTIVE
DATE AND FOR OTHER PURPOSES
WHEREAS, Quantum Associates, a Florida general partnership
("Developer") is the current owner and developer of the remaining
vacant land within the project commonly known as Quantum Corporate
Park at Boynton Beach Development of Regional Impact (sometimes
hereinafter called the "Quantum Park DRI"); and
WHEREAS, the original Development Order for the Quantum Park
DRI was approved by the City of Boynton Beach (the "City") by
Ordinance No. 84-51 and amended by Ordinance Nos. 86-11, 86-37, 88-
3 and 94-10 (hereinafter collectively called the "Development
Order"); and
WHEREAS, the land subject to the Development Order is
described therein as the "Property" and is incorporated herein by
reference; and
WHEREAS, Developer has submitted to the City a Notification of
Proposed Change to a Previously Approved Development of Regional
Impact requesting a further amendment to the Development Order for
the purpose of revising the Master Site Development Plan to reflect
the use of a portion of the Property previously designated for
EXHIBIT "B"
office use to be redesignated for office/research and development
use; and
WHEREAS, the City Commission of Boynton Beach, as the
governing body having jurisdiction, is authorized and empowered to
consider applications for amendments to development orders
approving developments of regional impact pursuant to Chapter
380.06, Florida Statutes (1994); and
WHEREAS, said City Commission has considered the
testimony, reports and other documentary evidence submitted at said
~ublic hQa~ by Developer, the City staff and the public, and the
City Planning and Zoning Board's recommendations of the ____ day of
, 1994; and
said City Commission has considered all of the
WHEREAS,
foregoing.
NOW THEREFORE,
Boynton Beach, that
findings of fact:
Section 1. A notice of public hearing in the proceedings was
duly published on the day of , 1994, in The
Post, a newspaper of general circulation in Boynton Beach, Florida,
pursuant to Chapter 380.06, Florida Statutes, and proof of said
publication has been duly filed in these proceedings.
Section 2. Developer has requested that the Development Order
be amended by revising the land use designation of Lots 12, 13 and
14 from "office" to "office/research and development".
be it ordained by the City Commission of
said City Commission makes the following
-2-
Section 3.
Upon consideration of all matters described in
Section 380.06, Florida Statutes (1994), it is hereby determined
that:
A. The amendment proposed by Developer does not
unreasonably interfere with the achievement of the objectives
of the adopted state land development plan applicable to this
area.
B. The amendment proposed by Developer in consistent
with the local comprehensive plan and local land development
regulations.
c.
The amendment proposed by Developer ~
with
the
recommendations
of the
Treasure
consistent ~
Coast Reg10nal/~
~
/.
Planning Council on file in these proceedings.
D. The amendment proposed by Developer does not
consti tute a substantial deviation under Chapter 380.06,
Florida Statutes (1994).
Section 4. The City Commission has concluded as a matter of
law that these proceedings have been duly conducted pursuant to the
provisions of Chapter 380.06, Florida Statutes (1994), that
Developer is entitled to the relief prayed and applied for, and
that the Development Order is hereby amended incorporating the
amendments proposed by Developer as set forth in Section 2 above.
day of
Section 5.
Except as otherwise amended herein,
Development Order shall remain in full force and effect.
FIRST READING this
SECOND READING and FINAL PASSAGE this
, 1994.
ATTEST:
day of
CITY OF BOYNTON BEACH, FLORIDA
MAYOR
VICE-MAYOR
COMMISSION MEMBER
COMMISSION MEMBER
COMMISSION MEMBER
CITY CLERK
EXHIBITS:
ORLANDO 78092.1 - SAS
"A" - Amended Master Site Development Plan
-4-
PLANNING & ZONING DEPARTMENT
MEMORANDUM NO. 94-344
FROH:
Al Newbold
Deputy Building Official
Michael E. Haag-<'fe~
Zoning & Site Dev~ment
November 18, 1994
Administrator
TO:
DATE:
SUBJECT: Transmittal of Development Orders
Accompanying this memorandum you will find documents regarding
development plans that received final approval by t1e planning and
Development Board and/or City commission. The follJwing is a list
of the projects, type of request and the documentati~n transmitted:
Quantum Park - Master Plan Modification
- copy of the 2nd review plans
- copy of staff report and comments
- copy of the November 15, 1994, City Commission minutes
Quantum Park - New Site Plan
- copy of the 2nd review plans
- copy of staff report and comments
- copy of the November 15, 1994, City Commission minutes
Gulfstream Professional Building - Major Site Plan Modification
- copy of the 2nd review plans
- copy of staff report and comments
- copy of the November 15, 1994, city CommissLon minutes
Gulfstream professional Building - Parking Lot Var:.ance
- copy of staff report and comments
- copy of the November 15, 1994, City commisslon minutes
MEH:jj
Attachments
Project File
a:t.ran..it..d.ev
J